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Articles 1 - 5 of 5
Full-Text Articles in Law
The Road To Perdition: The Demise Of Tmdl Litigation, James R. May
The Road To Perdition: The Demise Of Tmdl Litigation, James R. May
James R. May
Citizens have filed more than two dozen suits and sent nearly four dozen notices of intent to sue EPA to implement the Clean Water Act's once vaunted "total maximum daily load" (TMDL) program. 33 U.S.C. §1313(d). The results are striking. Since 1997, states and EPA have identified nearly 20,000 waters previously thought to comply with water quality standards that do not. Since 2000, EPA has established or approved nearly 8,000 plans that aim to make these dirty waters fishable and swimmable. EPA is under court order to move the TMDL program along in more than 20 states. TMDL litigation, particularly …
Where The Water Hits The Road: Recent Developments In Clean Water Act Litigation, James R. May
Where The Water Hits The Road: Recent Developments In Clean Water Act Litigation, James R. May
James R. May
This article discusses reports recent developments involving particularly interesting juridical and administrative pronouncements in the areas of Clean Water Act jurisdiction, including key definitional terms "navigable waters," "addition," "pollutant," and "point source." It discusses how developments concerning permits, standards, TMDLs, citizen suits, and enforcement policies are shaping water pollution regulation in the United States.
Now More Than Ever: Trends In Environmental Citizen Suits At 30, James R. May
Now More Than Ever: Trends In Environmental Citizen Suits At 30, James R. May
James R. May
This article surveys and analyses trends in the astonishing arena of environmental citizen suits. Environmental citizen suits matter. Borne in a fulcrum of necessity due to inadequate resources and resolve, and borrowing a bit from common law qui tam without the bounty, Congress has experimented by providing citizens the remarkable authority to file federal lawsuits as “private attorneys general” to enforce many of the nation's environmental laws. And enforce they do. Despite ever more cascading burdens respecting notice, jurisdiction, preclusion, actions against EPA and third parties, remedies, SEPs and attorney fees, there are more reported environmental citizen suits than ever. …
Now More Than Ever: Environmental Citizen Suit Trends, James R. May
Now More Than Ever: Environmental Citizen Suit Trends, James R. May
James R. May
This article serves as a companion reader to “Environmental Citizen Suits at Thirtysomething: A Celebration and Summit,” Part One examines trends in environmental citizen suits post-Laidlaw. Part Two describes why citizen suits are needed now more than ever. It concludes that jurisprudential and statistical trends show both that there are more, and why more are needed still, environmental citizen suits than ever. Current national security prerogatives have not made for it easy for agencies to perform duties Congress has declared mandatory, and for courts to compel action. These trends are unlikely to change course anytime soon. Hence, the clarion call …
Environmental Citizen Suits At Thirtysomething: A Celebration And Summit, James R. May, Bruce J. Terris, Zygmunt J. Plater, Ann Powers, Michael D. Axline, David Bookbinder, Peter Lehner, Robert F. Kennedy
Environmental Citizen Suits At Thirtysomething: A Celebration And Summit, James R. May, Bruce J. Terris, Zygmunt J. Plater, Ann Powers, Michael D. Axline, David Bookbinder, Peter Lehner, Robert F. Kennedy
James R. May
This compilation article provides a rare behind the scenes glimpse into landmark environmental cases from those who litigated them, including Robert F. Kennedy, Jr., Bruce Terris, Professor Zygmunt Plater, Professor Ann Powers, Mike Axline, David Bookbinder, and Peter Lehner. In 1970, Congress gave citizens the remarkable authority to file federal lawsuits as “private attorneys general” to enforce the Clean Air Act (CAA). Congress intended citizen suits to fill the vast void left by inadequate enforcement by federal and state regulators, and to ensure compliance and deter illegal activity. The approach stuck. Now more than one dozen federal environmental statutes, numerous …